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III IIIIIIIIIIIIIIII <br />999 <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: f303) 866-3567 <br />FAX: (303)832-8106 <br />January 29, 2002 <br />Mr. Paul Carr <br />APCD-SS-B1 <br />4300 Cherry Creek Drive South <br />Denver CO 80246-1530 <br />RE: Citizen Complaint Inspection, Lorencito Canyon Mine, #C-96-084 <br />Mr. Carr: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MI NING•SA FETY <br />Bil I Owens <br />Governor <br />Greg E. Walther <br />Ezecmive Dveclor <br />Michael 8. long <br />Division Director <br />As required by Rule 5.02.5(4) of the Regulations of the Colorado Mined Land <br />Reclamation Board, please find enclosed the results of the Division's inspection of the <br />Lorencito Canyon Mine on January 23, 2002. The inspection was initiated as a result of <br />your written citizen's complaint received via email attachment by the Division on <br />January 16, 2002 at 3:44 PM. Your concern was with regard to your observation acid <br />investigation of the mine initiating blasts after sunset. The Division of Minerals and <br />Geology (DMG) conducted an inspection beginning on Tuesday, January 22, 2002. <br />Due to extremely high winds, no blasting was conducted on this day. DMG personnel . <br />continued the inspection on Wednesday, January 23, 2002. <br />Please find enclosed a copy of the DMG inspection report dated January 23, 2002. As <br />stated in the report, one blast was observed that afternoon and was found in <br />compliance with Rule 4.08 of our Rules. The blast occurred at 4:42 PM and sunset on <br />this day was 5:07 PM. The operator has an oral agreement with the Primero K-12 <br />school to conduct blasting after 4:30 PM on weekdays. The Division declined to take <br />enforcement action based on observed activities. However, we have requested copies <br />of all blast logs and will continue our review following receipt of these logs related to <br />blast time and date. The issue remains outstanding at this time. <br />In accordance with Rule 5.02.5(4)(c) any person who has requested an inspection may <br />request in writing that the Administrator informally review the Division's decision either <br />not to inspect or not to take enforcement action on the basis of an inspection with <br />respect to any violation alleged by that person. The Administrator shall conduct the <br />informal review and report the results in writing to both the people requesting the review <br />and the alleged violator within 30 days of the Administrator's receipt of the request for <br />review. Informal review under 5.02.5(5) shall not affect any right to formal review under <br />34-33-124 of the Act or to a citizen's suit under 34-33-135 of the Act. <br />STATE OF COLORADO <br />